QUESTION

To what level does a digital photo have to be reworked electronically to be free from the original copy right.

Asked on Oct 15th, 2015 on Intellectual Property - Florida
More details to this question:
I am an old school graphic artist. With regard to digital photography, digital illustration and the use of Photoshop. To what level does a photo have to be reworked electronically to be free from the original copy right. Are their any rules for this? In the old world of graphic design you could trace the photo and colour it in. Also what will it cost to get this question answered? Thank you
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1 ANSWER

Patents Attorney serving McLean, VA at George H. Spencer
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The old world practice constitutes copyright infringement and doing the same digitally would be as well. A "derivative work" as such a work that is based on another work is called requires the consent of the copyright owner. The origin work would have to be changed so greatly as to be virtually unrecognizable for the copyright not to apply. At best, minor traces of the original could be retained.
Answered on Oct 16th, 2015 at 12:15 PM

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